PLANNING & ZONING MINUTES

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April 13, 2021

Present:Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers. Also present: alternate Matthew Peters; Abigail Kenyon, Director of Community Development

Seating of Alternates

Matthew Peters was seated for Brennan Sheahan.

Public Hearings

Application seeking a Special Permit under Zoning Regulations Section 3.12.1 for a mixed-use building to add one residential unit for property located at 25 Hartford Avenue, COCE Zone. File Z-3-21.

Gordon van Welie, 5 Black Oak Drive, addressed the commission. He explained the commission recently approved a change to the Zoning Regulations to allow mixed use buildings in the Commercial Center Zone by Special Permit. He is now applying for a Special Permit under that regulation to add one residential unit to his property at 25 Hartford Avenue. He stated the first floor would remain commercial. The exact configuration of the second floor would be decided once a tenant is found or the building is sold. There are no other proposed changes to the site. Kenyon stated the Fire Marshal and Building Official would review building plans to ensure compliance with all applicable codes. The commission discussed this application and future potential uses on the property. Answering a question, Kenyon stated if the owner wanted to add additional residential units in the future, a Special Permit for a multi-family use would be needed.

The public hearing opened. There were no comments. The public hearing closed at 7:13 p.m. The Commission has 65 days to render its decision plus any extension granted by Executive Order.

Application seeking a modification to a Special Permit under Zoning Regulations Section 8.16.10 to expand outdoor dining for property located at 9 Bank Street, La Figata, COCE Zone. File Z-4-21.

Kristin Garcia, agent for the owner, addressed the commission. She stated in 2020, the commission approved indoor and outdoor entertainment and a seasonal outdoor dining area located to the east of the La Figata restaurant. The applicant is requesting to expand this dining area to place six tables on the sidewalk in the front of the restaurant. A walkway 48 inches wide between the end of the tables and the parking lot would remain unobstructed. The commission discussed if a barrier should be installed between parked vehicles and the proposed seating area to prevent vehicles from encroaching into the walkway area. They also discussed how the site is monitored for trash.

The public hearing opened at 7:40 p.m.

Kelsy and John Von Kaenel, 15 Oakridge Drive, addressed the commission. They stated the noise from the restaurant and plaza area is loud, trash from the plaza blows into their backyard, light is disruptive, and they would like a taller fence installed between the plaza and their property.

The public hearing closed at 7:43 p.m. The commission has 65 days to render its decision plus any extension granted by Executive Order.

Application seeking a modification to a Special Permit under Zoning Regulations Section 8.16.10 to expand outdoor dining for property located at 17R East Granby Road, At the Barn, COCE Zone. File Z-5-21.

Kristin Garcia, agent for the owner, addressed the commission. She stated they would like to expand the outdoor dining area by adding four tables on the grass island area adjacent to the parking lot to the southwest of the restaurant. Answering questions from the commission, Garcia stated the only separation from the parking area is curbing around the grass area. She noted they are considering making the grass area a paved patio. The commission requested the applicant come back with a more detailed layout plan showing the proposed improvements.

The public hearing opened at 7:55 p.m.

Kelsy Von Kaenel, 15 Oakridge Drive, asked the commission how to contact the Geissler’s Plaza landlord. Kenyon answered her question.

As there is additional information requested, the commission decided to continue the public hearing at the commission’s April 27 meeting.

Receive applications and set public hearing

Application seeking a Special Permit under Zoning Regulations Section 8.1.3.4 for a barn in excess of 1,000 square feet, for property located at 63 Day Street, R50 Zone. File Z-6-21.

Application seeking to modify a Special Permit and Site Plan under Zoning Regulations Sections 3.7.2.1, 3.10.2.11, 8.21.4.8 for a multi-family residential development to convert single family homes to duplexes and use within an aquifer protection overlay zone, for property located at 2 Murtha’s Way, PDM and T1 Zone. File Z-7-21.

Application seeking an amendment to Zoning Regulations Sections 8.29 and 1.4 to add Alternative Energy System regulation and applicable definitions. File Z-8-21.

The above applications are scheduled for public hearing on April 27.

Consideration of above applications, where the commission has concluded the public hearing

On A Motionby Chapple, seconded by Lukingbeal, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 3.12.1 for a mixed-use building to add one residential unit for property located at 25 Hartford Avenue, COCE Zone, File Z-3-21, as proposed.

On A Motionby Myers, seconded by Chinni, the commission voted (7-0-0) to approve an application seeking a modification to a Special Permit under Zoning Regulations Section 8.16.10 to expand outdoor dining for property located at 9 Bank Street, La Figata, File Z-4-21, with the following conditions: modification to the litter control plan to be approved by staff; all previous conditions of approval for outdoor dining shall apply to this expanded dining area; no more than four chairs to be placed at each approved table located in the expanded dining area; no chair shall be placed on the short-end of the table facing the parking lot; the walkway shall be maintained at 48 inches in between the table and parking areas at all times.

Commission discussion regarding request for outdoor special event, May 5 through May 9, At the Barn, 17R East Granby Road.

Kenyon addressed the commission. Town staff received a request from At the Barn for an outdoor special event from May 5 through May 9 for a May Fest celebration. At the Barn would like to locate a 30 by 40-foot tent in the parking lot for the celebration. There will be outdoor dining and music, no later than 9 p.m., in the tent. Recent legislation allows the expansion of outdoor dining in the parking lot area. Staff determines outdoor seating under the tent permissible under this provision but entertainment is excluded. She asked the commission to consider outdoor entertainment. The commission discussed the request, noting temporary outdoor dining permissions are not automatic, an application and layout plan must be provided for staff review. It was also suggested outdoor music follow existing guidelines, including the decibel level from the property line and hours of operation. Lockwood noted this is not a Special Permit and permissions are for a limited timeframe.

Commission discussion regarding Farm Store and Agritourism Regulation.

Kenyon and Peters presented to the commission an overview of the draft Farm Store and Agritourism Regulation drafted by the Agritourism Committee. It was noted one committee member wrote a letter of dissent, which was provided to the commission. The commission agreed to schedule a special meeting in the near future to discuss the regulation.

Staff Report and Correspondence

Kenyon stated the Town must develop an affordable housing plan by July 2022. The Board of Selectmen will consider creating a committee regarding this and it is expected a member of the Planning and Zoning Commission will be asked to sit on the committee.

Commissioner Reports and Correspondence

Myers commented the Zoning Board of Appeals is discussing a ground-based solar array at an upcoming meeting. He stated the newly approved Alternative Energy and Utility Zoning Regulations came at a perfect time.

April 27, 2021 

Present:Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also present: alternates, Paula Johnson and Matthew Peters; Abigail Kenyon, Director of Community Development

Public Hearings

Application seeking a modification to a Special Permit under Zoning Regulations Section 8.16.10 to expand outdoor dining for property located at 17R East Granby Road, At the Barn, COCE Zone. File Z-5-21. (Continued from April 13)

Kristin Garcia, agent for the owner, addressed the commission. The plan is to extend the patio into the grass island adjacent to the parking lot. The 4-foot-tall black metal fence that encloses the existing patio would extend around the new area. Eight tables will be located on the expanded patio. Answering commission questions, Garcia stated additional lighting would be consistent with the existing lighting and possibly the addition of string lights. Kenyon stated no additional parking requirements are necessary. Lockwood stated the applicant shall work with the Building Official for the fence area.

The public hearing opened at 7:16 p.m. There were no comments. The public hearing closed at 7:18 p.m. The commission has 65 days to render its decision plus any extension granted by Executive Order.

Application seeking a Special Permit under Zoning Regulations Section 8.1.3.4 for a barn in excess of 1,000 square feet for property located at 63 Day Street, R50 Zone. File Z-6-21.

Patrick and Kate Campagnola, 63 Day Street, addressed the commission. They wish to build a single story 30 by 48-foot barn. The roof will be a charcoal gray color and there will be light sconces similar to their home on the barn. The barn will be used for horses, tack and supplies.

The public hearing opened at 7:08 p.m.

Betty Maus, 76 Day Street, asked the applicant if he would be running a business out of this new barn. P. Campagnola stated the barn is for personal use.

The public hearing closed at 7:10 p.m. The commission has 65 days to render its decision plus any extension granted by Executive Order.

Application seeking to modify a Special Permit and Site Plan under Zoning Regulations Sections 3.7.2.1, 3.10.2.11, 8.21.4.8 for a multi-family residential development to convert single family homes to duplexes and use within an aquifer protection overlay zone, for property located at 2 Murtha’s Way, PDM and T1 Zone. File Z-7-21.

Lukingbeal recused himself. Johnson was seated for Lukingbeal.

Present were Reggie Kronstadt and Bard Kligerman with property owner CT Realty Trust, and Tom Daly and Mark Arigoni, both of SLR Consulting. Arigoni addressed the commission. CT Realty Trust acquired the property from Upstream Properties earlier this year and is seeking modifications to both the Special Permit and site plan approvals for the single-family home portion of the development. 

There were 50 single family homes approved, the applicant proposes a mix of single-family homes with the remaining homes converted to duplexes. Arigoni explained changes to the site plan include the reduction in the number of structures from 50 to 47, of these structures there will be 19 single family homes and the remaining will be duplexes for a total of 75 housing units. There will be additional parking spaces on the site and a sidewalk will connect the homes to the apartment development to the east. 

The applicant does not propose to build the clubhouse and pool, residents will share amenities with the apartments. Pedestrian lighting will consist of 14-foot, dark-sky compliant lights. Arigoni stated the proposal is consistent with the Plan of Conservation and Development, which has a goal to expand the number of rental units, increase housing options and create walkable neighborhoods.

Daly reviewed how stormwater will be managed on site, noting the site is mostly sand and gravel which allows for infiltration. There will also be dry wells in place to handle stormwater.

Arigoni presented the traffic report, stating there will not be a significant increase to peak morning and afternoon traffic. Kronstadt presented to the commission renderings of the single family and duplex structures, noting the project offers diverse housing options in the community. He stated Nelson Construction will be brought on for the project.

In response to questions, it was stated the homes will likely be a mix of for-sale and rentals; however it may be decided to rent all units. The landscaping plan includes maples, oaks, evergreens and ornamental trees. This landscaping will be throughout the development and will also be used to buffer the development from the existing homes to the south. Construction is expected to start in summer of 2021 and take approximately 18 months to complete.

Lockwood commented for the record that one correspondence was received from D. O’Connell, 12 Woodland Drive. Kenyon stated no additional comments were received.

The public hearing opened at 8:10 p.m.

Brian Liss, 38 Glen Road; Barbara Schmitt, 2 Woodland Drive; Willie Feldstein, 45 Glen Road; Anna Sogliuzzo, 15 Old Orchard Road; Sue Oakie, 141 Loomis Street; and Nancy Canfield, 42 Glen Road are in support of this application. However, a concern over an increase in traffic was noted and it was also suggested hemlock trees be included in the screened buffer.

Kenyon noted any items from the previous Special Permit approval, not specifically modified by this application, will remain in effect as previously approved. It was stated there are outstanding comments on staff review memos dated April 22, 2021 and April 19, 2021 that have to be addressed.

The Public Hearing closed at 8:38 p.m.

Lukingbeal was seated for Johnson.

Application seeking an amendment to Zoning Regulations Sections 8.29 and 1.4 to add Alternative Energy System regulation and applicable definitions. File Z-8-21.

Kenyon addressed the commission. She stated the purpose of this regulation is to promote the use of alternative energy systems, specifically solar, wind, and geothermal. Kenyon briefly outlined each subsection of the regulation. She noted these proposed regulations were reviewed by CRCOG which have not identified or noted any concerns. The Granby Conservation Committee submitted comments to the Planning and Zoning Commission regarding solar energy systems. The commission briefly discussed their comments, noting the Special Permit process required for residential ground mount may discourage residents from installing systems. It was agreed to review these comments in more detail at their next meeting. This public hearing shall continue on May 11.

Receive applications and set public hearing

Application seeking a 24-lot single family residential subdivision for property located at 76 West Granby Road, R30 Zone. File P-3-21.

The above application is scheduled for Public Hearing on May 25.

Consideration of above applications, where the commission has concluded the public hearing

On A Motionby Chapple, and seconded by Boardman, the commission voted (7-0-0) to approve an application seeking a modification to a Special Permit under Zoning Regulations Section 8.16.10 to expand outdoor dining for property located at 17R East Granby Road, At the Barn, COCE Zone, File Z-5-21, subject to the following: outdoor lighting to be approved by staff; submission of a litter control plan; fence to be placed around the expanded area as shown on the layout plan; eight tables are permitted in the expanded area; and all previous conditions of approval for outdoor dining remain in effect.

On A Motionby Chinni, and seconded by Lukingbeal, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.1.3.4 for a barn in excess of 1,000 square feet for property located at 63 Day Street, R50 Zone, File Z-6-21, subject to the following; lighting to be approved by staff.

Johnson was seated for Lukingbeal. Lukingbeal was recused.

On A Motionby Myers, and seconded by Chinni, the commission voted (7-0-0) to approve an application seeking to modify a Special Permit and Site Plan under Zoning Regulations Sections 3.7.2.1, 3.10.2.11, 8.21.4.8 for a multi-family residential development to convert single family homes to duplexes and use within an aquifer protection overlay zone, for property located at 2 Murtha’s Way, File Z-7-21, which will increase the number of housing units to 75, consisting of 19 single family homes and 56 duplexes for a total of 47 structures, subject to the following: all items contained in the original Special Permit issued for this property remain in effect unless modified as noted in the staff review memos and compliance with all outstanding items in the staff review memos dated April 19, 2021 and April 22, 2021 is required.

Lukingbeal was seated for Johnson.

Schedule Meeting to Discuss Farm Store and Agritourism Regulation

A special meeting is scheduled for May 4, at 7 p.m. to discuss the proposed regulation.

Planning and Zoning Commission Appointment to Affordable Housing Plan Committee

Kenyon stated Connecticut General Statute Section 8-30j requires each municipality to prepare and adopt an affordable housing plan for the municipality by July 2022. The Board of Selectman will consider creating a committee to prepare such a plan. It is suggested a member of the Planning and Zoning Commission serve on the committee. Kenyon asked the commission for a representative. Chinni agreed to sit on the Affordable Housing Plan Committee with an alternate who could occasionally assist with attending meetings.

Respectfully submitted,

Patricia Tappenden, Recording Secretary